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1986).
[3] Id. at 147.
[4] G.R. No. 176947, 19 February 2009, 580 SCRA 12. Citations omitted.
[5] Id. at 23-25.
[6] G.R. Nos. 193237 and 193536, 9 October 2012. Citations omitted. See also Cayat
v. COMELEC, G.R. Nos. 163776 and 165736, 24 April 2007, 522 SCRA 23; and Aratea
v. COMELEC, G.R. No. 195229, 9 October 2012.
[7] Id.
SEPARATE AND CONCURRING OPINION
ABAD, J.:
I fully concur with the majority but would add another argument in support of the
decision.
Sec. 5(2) of Republic Act 9225 provides the means by which a former Philippine citizen
who has acquired foreign citizenship to later reacquire his old citizenship by complying
with certain requirements. Respondent Rommel Arnado complied with these
requirements for regaining Philippine citizenship but, because he wanted to run for
public office, he also renounced his United States (U.S.) Citizenship when he filed his
certificate of candidacy, conformably with the provisions of Republic Act 9225 that
reads:
(2) Those seeking elective public in the Philippines shall meet the
qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation
of any and all foreign citizenship before any public officer
authorized to administer an oath.
But his compliance with the above was challenged before the Commission on Elections
(Comelec) because Arnado afterwards twice used his U.S. passport in going to and
coming from the U.S., the country whose citizenship he had renounced.
The majority opinion amply states that by his acts, Arnado showed that he did not
effectively renounce his U.S. citizenship. To this I add that he also failed to comply
with the U.S. requirements for citizens wishing to renounce their citizenships.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55820
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